1. Acceptance of Terms
By accessing, browsing, or using the MaxCap Construction LLC website located at maxcapconstruction.com (the 'Site'), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use ('Terms'), our Privacy Policy, and our Website Disclaimer, all of which are incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue use of this Site.
These Terms constitute a legally binding agreement between you ('User') and MaxCap Construction LLC, a New York limited liability company ('MaxCap', 'we', 'our', or 'us').
2. Eligibility
This Site is intended for use by individuals who are at least 18 years of age and have the legal authority to enter into binding agreements. By using this Site, you represent and warrant that you meet these eligibility requirements. Use of this Site on behalf of an organization constitutes a representation that you are authorized to bind that organization to these Terms.
3. Permitted Use
MaxCap Construction LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use this Site solely for lawful purposes, including:
• Researching construction management and general contracting services
• Submitting project inquiries and estimate requests
• Accessing publicly available company information and resources
• Communicating with MaxCap Construction LLC regarding potential or active projects
Any other use of this Site requires the express prior written consent of MaxCap Construction LLC.
4. Prohibited Conduct
You agree that you will not, directly or indirectly:
• Use this Site for any unlawful purpose or in violation of any applicable federal, state, or local law
• Attempt to gain unauthorized access to any portion of this Site, its servers, or any related systems or networks
• Use automated tools, bots, scrapers, or other data collection methods without express written permission
• Transmit any viruses, malware, or other harmful code
• Engage in any conduct that restricts or inhibits any other user's use of the Site
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Post or transmit any content that is defamatory, obscene, threatening, harassing, or otherwise objectionable
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission
• Use the Site to solicit MaxCap Construction LLC's employees, subcontractors, or vendors for competing purposes
5. Intellectual Property
All content on this Site, including but not limited to the MaxCap Construction LLC name, logo, brandmark, wordmark, brand pattern, photographs, project images, text, graphics, page design, and software, is the exclusive proprietary property of MaxCap Construction LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
The MaxCap Construction LLC logo, brandmark, and wordmark are proprietary marks. Nothing on this Site grants any license or right to use any trademark, service mark, or trade name of MaxCap Construction LLC without express prior written consent.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from this Site without prior written authorization.
6. Project Inquiries and Submissions
By submitting a project inquiry, estimate request, or any other information through this Site, you represent that all information provided is accurate, complete, and not misleading. You grant MaxCap Construction LLC a non-exclusive, royalty-free license to use, store, and process submitted information for the purpose of evaluating, proposing, and delivering construction services.
Submission of a project inquiry does not create a contractor-client relationship, does not obligate MaxCap Construction LLC to perform services, and does not constitute a binding agreement of any kind. All project engagements require execution of a formal written contract.
7. Estimate Requests and Pricing
Any estimates, budgets, or pricing information provided through this Site, in response to inquiries, or in preliminary conversations are conceptual in nature and are not binding. Final pricing is established only through a formal written proposal and executed contract. Estimates are based on information provided at the time of inquiry and are subject to change based on site conditions, scope clarification, design development, and material and labor market conditions.
8. Communications and Electronic Records
By using this Site and submitting inquiries, you consent to receive electronic communications from MaxCap Construction LLC, including emails regarding your project inquiry, marketing communications, and operational notices. You may opt out of marketing communications at any time by following the unsubscribe instructions in any email or by contacting us at info@maxcapconstruction.com.
You agree that all agreements, notices, disclosures, and other communications that MaxCap Construction LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
9. Testimonials and Case Studies
Any testimonials, project descriptions, or case studies featured on this Site reflect individual client experiences and past project outcomes. They are not guarantees of future performance, results, or satisfaction. Project outcomes vary based on scope, site conditions, design, budget, and other factors outside MaxCap Construction LLC's control.
10. Disclaimer of Warranties
THIS SITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. MAXCAP CONSTRUCTION LLC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAXCAP CONSTRUCTION LLC, ITS MEMBERS, PRINCIPALS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Force Majeure
MaxCap Construction LLC shall not be liable for any failure or delay in performance under these Terms or in delivery of services resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, or failures of third-party service providers.
13. Modification of Terms
MaxCap Construction LLC reserves the right to revise these Terms at any time. Material changes will be indicated by updating the 'Last Updated' date at the top of this page. Your continued use of the Site following the posting of revised Terms constitutes acceptance of the changes. We encourage you to review these Terms periodically.
14. Termination
MaxCap Construction LLC reserves the right to terminate or restrict your access to this Site at any time, for any reason, without notice or liability. Upon termination, your right to use the Site immediately ceases.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, together with the Privacy Policy and Website Disclaimer, constitute the entire agreement between you and MaxCap Construction LLC with respect to your use of this Site and supersede all prior agreements and understandings, whether written or oral, relating to such use.
17. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. Any dispute arising from or relating to these Terms or your use of this Site shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to mediation in New York County, New York, before any litigation. Any litigation shall be brought exclusively in the state or federal courts of New York County, New York, and you consent to personal jurisdiction in those courts.
18. Contact
For questions about these Terms of Use, please contact:
MaxCap Construction LLC
New York, NY
info@maxcapconstruction.com